Donnie Is Drinking Coffee on His Morning Commute to Work

Donnie is drinking coffee on his morning commute to work. Traffic is badly backed up and is stop and go for miles. While taking a sip from his travel mug he briefly takes his eyes off the road. Simultaneously, traffic slows to a dead stop and unaware of the sudden back up, he rear ends the car in front of him. If there is damage done to the car he hit and the driver wishes to be compensated, how will the matter be handled?

A) criminally
B) civilly
C) independently
D) with strict scrutiny